When it comes to filing an insurance claim or suing after an injury, most people have questions on their minds like "How much can I expect to receive as a settlement?" and what will determine my settlement amount. This is exactly the same for pedestrians struck by vehicles. There might be an added sense of urgency in these cases as the parties involved in the accident are somewhat disparate - the person driving the massive car and the defenseless pedestrian. Pedestrians rarely walk away without injuries.
When it comes to pedestrian accident settlements in Florida, there are two things to keep in mind. The first thing to understand is that it is impractical to determine the "average" settlement amount. Since each case is unique, there are many variables involved that will influence your settlement. The second thing to remember is that liability may not always be as obvious as you think. A pedestrian may be partially or completely at fault for an accident in some cases.
If you've been involved in a car-pedestrian accident, continue reading to learn the following:
- Causes of Pedestrian Accidents
- What to Do After Being Hit by a Car
- Building Your Personal Injury Claim
- Factors in Your Pedestrian Accident Settlement
Causes of Pedestrian Accidents
Pedestrian accidents happen most often on residential streets where some drivers violate the speed limit by going well over the legal limit. The drivers may run red lights and stop signs and end up hitting pedestrians who are in the street or who are standing at crosswalks. The drivers on the road are responsible for ensuring that pedestrians are not endangered. It's not uncommon for drivers to be involved in pedestrian accidents due to their own negligence.
For example, many pedestrian accidents occur as a result of drunk driving. There is usually an excessive blood alcohol level among both pedestrians and drivers. A driver may not see pedestrians or they may have lowered reflexes; they may lose control over their limbs or fall asleep. Thousands of accidents occur every year due to drunk driving. It is possible for intoxicated pedestrians to stumble in the street, lose their balance, lie down in potentially risky areas, or worse. In addition to jaywalking, turning into crosswalks, ignoring pedestrians' right-of-way, speeding in parking lots, pulling out of driveways without seeing where they are going, and low visibility in rain and fog, there are many other causes of pedestrian accidents. In the event that you are injured in a car accident, you can sue for compensation.
The majority of pedestrians injured in car accidents suffer serious injuries. Here are some common types of injuries.
Soft Tissue Injuries
It is common for pedestrians to report muscle, ligament, or tendon injuries after an accident. It is important to remember that despite these being considered minor injuries, they can cause serious problems if not treated promptly.
Traumatic Brain Injuries
In pedestrian-motor vehicle accidents, head injuries are among the leading causes of long-term disability and death. Most accident victims who sustain mild to moderate traumatic brain injuries will recover relatively quickly. People with severe TBIs may require lifelong care or extensive treatment.
Broken Bones
Fractures and broken bones are common injuries sustained by pedestrians in collisions. Surgical intervention may be needed to make a full recovery from these kinds of injuries.
Spinal Cord Injuries
Pedestrians are not protected by the shield of a car, so they are at greater risk of life-threatening injuries. Automobile accidents are usually the primary cause of spinal cord injuries. Some of the effects of SCI include paralysis, breathing difficulties, and loss of control of the bowels and bladder. In some cases, victims may have to pay immense medical expenses if their injuries are severe.
What to Do After Being Hit by a Car
After a crash, your immediate actions can have a significant impact on your ability to recover physically and financially. The moment a pedestrian accident in Florida occurs, you won't know if a lawsuit is needed against the at-fault party. These steps will help you increase your chances of obtaining a favorable settlement in a pedestrian accident case:
- Seek medical attention. Pedestrians who have been injured are legally required to seek immediate medical assistance. You should not rely on bystanders to contact emergency services on your behalf. Waiting too long to see a medical professional makes it more difficult for you to prove that your injuries are related to the accident.
- Make sure you take photos of the scene. Take a picture with your cell phone if you are able to. Take pictures of your visible injuries, the accident scene and surrounding area, as well as any damage to your property. In order to accurately portray how the accident took place and who was at fault, you'll need photos.
- Report the accident. If you have been hit by a car and sustained injuries, you should contact the police immediately. Describe the accident honestly, but do not admit fault in your statement. Based on which party was cited for the accident, the other party's insurance company will determine liability based on the police report.
- File an insurance claim. Filing an insurance claim is time-sensitive. There is a four-year statute of limitations for filing a personal injury claim for pedestrian accidents in Florida and a two-year statute of limitations applies to wrongful death claims.
- Seek follow-up medical treatment. A full recovery and a strong personal injury case both require you to follow medical advice. Thus, it is important to follow your doctor's recommendations and follow your treatment plan.
- Save all receipts. Maintain a record of all accident-related expenses. Your medical bills will reveal how much you have spent in pain and suffering due to your injuries. It will help you obtain reimbursement if you have documentation showing lost wages and any other out-of-pocket expenses related to the accident.
Building Your Personal Injury Claim
Pedestrian accidents are a form of personal injury claim. For this reason, the plaintiff must prove to the insurer that they have actually suffered losses and that the defendant's alleged negligence contributed to these losses. As a result of a pedestrian accident, the injured pedestrian may have to rely on the representation of their legal counsel during their proceedings if they have sustained severe injuries. When a pedestrian accident victim dies as a result of their injuries, a close family member can represent them rather than filing a personal injury claim.
In order to file a personal injury claim after a pedestrian accident, you must identify the party who caused the accident. Afterward, the plaintiff and his or her accident lawyer must establish that the defendant did not exercise proper care at the time of the accident. If the defendant has strong evidence in the case, he or she may be able to contest what they owe for the plaintiff's claims for damages, or accept responsibility but disagree with how much the plaintiff is asking for. Some defendants may argue comparative negligence as well, putting part of the blame on the plaintiff. In a pedestrian accident case, the attorney for the plaintiff must demonstrate the defendant was negligent, and that their negligence directly contributed to the plaintiff's claims for damages.
Factors in Your Pedestrian Accident Settlement
Accidents involving pedestrians are not always clear-cut, especially when determining who will be held financially responsible for your injuries. Both your insurance company and the driver's insurance company - and your attorneys if you have any - will be reviewing these settlement factors:
- Whether you were at fault for the accident. Insurance companies will investigate the accident to determine whether you were at fault in any way. Generally, the driver is at fault in pedestrian accidents, but this is not always the case.
- Your injuries. The degree to which you were injured influences the amount of compensation you receive.
- Your chance of recovery. If your injuries will affect you for the rest of your life, the settlement amount will be higher.
- Your ability to work. You may be unable to work for a short time due to your injuries. Additionally, they may prevent you from working like you used to, or at all, for a short period of time or for a long period of time.
Personal Injury Settlement Options in Florida
A settlement offer will be presented to you once the insurance company determines how much it thinks is sufficient to cover your medical costs, lost wages, pain and suffering, and so forth. The amount of the settlement depends on many factors, including the driver's coverage and the insurance company's financial interests. As insurance companies exist to make money, they will only pay what they think is necessary.
In the event that you are not satisfied with the settlement offer, you can try to negotiate. Having an attorney on your side can help make negotiations more successful. He or she could help you reach an adequate offer. You always have the option of suing the driver and the insurer if this isn't the case. A personal injury attorney can advise you on your chances of success based on your situation.
If you've recently been involved in a pedestrian accident in Pinellas, Florida, contact 1-888-DOCS4PI. We can connect you with the best medical professionals to treat your injuries. They also are thoroughly experienced in properly documenting your treatment to benefit your personal injury claim.
